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54 Nineties, Chez George, Cheese Factory and Hacienda del Sol have tables that are very close to the sidewalk and serve alcoholic beverages too, the only difference being a few inches. He indicated his support for having the outside tables and serving wine and beer with food. Mr. Brandes commented that his only objection to this project is the fact that it is on the City sidewalk. Mr. John LaFountaine, 589 Junipero, indicated that he has been to Strizzi's many times. He stated that wine or beer is part of a meal and that he does not see it as a problem with this type of operation. He expressed his support for the application. Mr. Bill Eastman, Pleasanton Police Chief, stated that the issue is the use of the City sidewalk, which is City property. He clarified that he did not say "State law" as The Valley Times article put it, but rather, the "state of the law," referring to the municipal ordinance that alcohol consumption is not allowed on Pleasanton sidewalks. He said that it would be a major issue to have people drinking alcoholic beverages on a City sidewalk without a clear and distinct barrier. This could bar the successful prosecution of someone cited or arrested for violating the City ordinance on another sidewalk. He added that he could foresee some difficulties like having high school students eating their bag lunches on the sidewalk tables, and the restaurant management requesting the police to get them away from the tables. The police cannot do this because the students are on the City sidewalk, which is public property. He pointed out that the restaurant is a fine addition to the City; however, the granting of a special privilege is not in order in this case. He urged Council to disallow the use of the City right-of-way, at least in the area of alcohol service. Mr. Tarver asked Mr. Eastman how "a clear and distinct barrier" could be placed in the area. Mr. Eastman replied that if the City really wants to aid Strizzi's in this project, it could grant Strizzi's a portion of the sidewalk so that a barrier could be constructed. He added that the ABC will not allow alcohol service on a roped-off area that cannot be visually controlled and is not accessible from the interior of the restaurant. Mr. Mercer commented that Mr. Brandes has a very valid point. He congratulated the Police Department for the fine clean-up job it did with the downtown drinking problem. He said it was hard to weigh allowing the use of alcohol once again on the streets against what the downtown area needs. He added that the traditional way of looking at the downtown needs to be changed. Other cities like Santa Cruz and Los Altos allow eating and drinking on the sidewalk. He stated that outdoor dining would add something new and charming to the downtown area. The people who go to Strizzi's are not the same people who frequented the -20- 1-16-90